Andrew Frank and Anne Plichta Join Mallery & Zimmerman

Mallery & Zimmerman, S.C. is pleased to announce that Andrew G. Frank and Anne M. Plichta have joined the firm as shareholders in the Milwaukee office.  Andy and Anne add substantial, quality experience to the firm’s growing litigation practice, ensuring that the firm can provide its clients with the best possible representation.

Andy has substantial experience defending national and international manufacturers, automobile manufacturers and other companies from products liability claims, prosecuting and defending large-scale construction defect cases and defending trucking and bus companies in accident cases. He also has substantial experience in securities litigation and general commercial litigation. Andy is a graduate of Miami (of Ohio) University and the University of Wisconsin Law School.

Anne has substantial experience in general commercial litigation, UCC/contract disputes, media and defamation law and litigation involving construction/real estate, insurance, probate and shareholder/partnership disputes. She is a certified mediator. Anne is a graduate of Harvard College and Northwestern University Pritzker School of Law.

Please join M&Z in welcoming Andy and Anne.

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Mallery & Zimmerman Attorney Jon Sacks to Present at National Business Institute Seminar on School Law

Mallery & Zimmerman Attorney Jon Sacks will be presenting on November 9, 2018 as part of the NBI seminar: School Law Expert Panel: How to Handle Your Biggest Challenges at the Holiday Inn Pewaukee-Milwaukee West.  Jon will address recent developments, including issues related to technology in the classroom, social media, cyberbullying, and sexual harassment.

For more information and to register, follow this link: School Law Expert Panel: How to Handle Your Biggest Challenges

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Scott Wagner Joins Mallery & Zimmerman

Mallery & Zimmerman, S.C. is pleased to announce that K. Scott Wagner has joined the firm as a shareholder in the Milwaukee office.  Scott has over 29 years of experience successfully representing clients in highly complex commercial litigation, including shareholder disputes and derivative actions, contract disputes, and class actions involving anti-trust, securities fraud and breaches of fiduciary duties by majority shareholders.  Scott is annually listed in The Best Lawyers in America and SuperLawyers.  Scott’s significant litigation experience is a welcome addition to the firm’s established litigation and business/corporate practices, enhancing the firm’s ability to provide clients with superior legal services.  Please join M&Z in welcoming Scott.

An attorney page and formal biography for Scott will follow shortly.  You may contact Scott at 414-727-6270 or

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Jon Sacks Appointed to Board of Directors for Three Area Non-Profits

In the last few months, Jonathan Sacks was appointed to the board of directors of three separate non-profit organizations in Washington County.

Jon was nominated and appointed as the President Nominee and member of the board of directors for the West Bend Sunrise Rotary Club.  Rotary is a global network of 1.2 million neighbors, friends, leaders, and problem-solvers who see a world where people unite and take action to create lasting change – across the globe, in our communities, and in ourselves.

Jon was also appointed to the board of directors for the Washington County Historical Society, Inc.  The Historical Society operates three museums and houses the historical archives for all of Washington County.  The Historical Society strives to educate, preserve, interpret, and provide access to the history of Washington County, Wisconsin, through its collections, archives, and programs.

After serving as a volunteer and program leader for a number of years, Jon was also recently appointed to the board of directors of NAMI Washington County, Inc., the Washington County affiliate of the National Alliance on Mental Illness.  NAMI works to raise awareness and provide education, advocacy, and support programs for people living with mental illness and their friends and families.  NAMI provides various outreach activities in the community, including training for law enforcement professionals and educational programming in local schools.

You can find out more about these organizations and their missions below:

West Bend Sunrise Rotary:

Washington County Historical Society:

NAMI Washington County:

Please join us in congratulating Jon.

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Jon Herreman Presents at Smart Growth Madison

Jon Herreman was a guest speaker on hotel development at a recent luncheon sponsored by Smart Growth Greater Madison Inc.  Smart Growth Madison represents the interests of the development community in Madison and greater Dane County.  Jon represents owners, developers, lenders and contractors in connection with the development, construction, purchase, sale and financing of hotel projects.


M&Z Attorneys Recognized by Super Lawyers

Mallery & Zimmerman is pleased to announce that John Wirth has been named to the 2017 Wisconsin Super Lawyer list, and Aaron Graf and Andrew Robinson have been named to the 2017 Wisconsin Rising Star list. Only 5%, or fewer, of the private practice lawyers in Wisconsin were named to the Super Lawyer list.  Only 2.5%, or fewer, of the private practice lawyers under 40 were named to the Rising Star list. The annual selections are made using a multi-phase process that includes a statewide survey of lawyers, an independent evaluation of candidates and a peer review process. Please join us in congratulating them for this accomplishment.

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Aaron Graf and Andrew Robinson Elected Shareholders at M&Z

Mallery & Zimmerman is pleased to announce that Aaron Graf and Andrew Robinson were elected as shareholders of the firm.  Graf provides counsel and representation to businesses in employment matters and represents various clients in a wide array of litigation and appeals. Robinson’s practice focuses on creditors rights, and representing clients in various complex corporate and construction related litigation.  Please join us in congratulating both.

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Carolyn Garski Joins Mallery & Zimmerman

Mallery & Zimmerman, S.C. is pleased to announce that Carolyn Garski has joined the firm as an associate.  Carolyn will be a part of the firm’s established real estate team.  Carolyn recently graduated from Marquette University Law School, and is a candidate to receive an MBA from Marquette University Graduate School of Management this summer.   Prior to joining M&Z, Carolyn interned with a national title insurance company, and was a research assistant for Dean Kearney at Marquette University Law School.  Please join us in welcoming Carolyn.

You may contact Carolyn at 414-727-6284 or

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Construction on Downtown Westin Milwaukee Hotel Commences

M&Z client, JSWD Wisconsin Venture I LLC, recently commenced construction of a 220-room full service Westin hotel located at 550 North Van Buren Street in downtown Milwaukee.  The Westin Milwaukee will include a fine dining restaurant, lounge, fitness center, 9,000 square feet of meeting facilities and a 5,000 square foot ballroom.  The hotel will be connected to the U.S. Bank Center via skywalk, which will also provide access to the new 833 East Office Building.  The Westin Milwaukee is expected to open in 2017.

Jon Herreman and Michael Marx represent JSWD in connection with all aspects of the organization of JSWD and development of the hotel, including land acquisition, entitlement, franchising, financing, capitalization and construction.  M&Z also represents an affiliate of JSWD, JSWD Commerce LLC, in connection with its organization and development of a SpringHill Suites Marriott hotel in downtown Milwaukee.  The SpringHill Suites Downtown Milwaukee is scheduled to open in 2016.

M&Z continues to be actively involved in the representation of clients locally and nationally in the hospitality industry, including the development and operation of the Milwaukee Marriott Downtown and the Aloft Milwaukee Downtown.

New DOL Guidance Suggests Increased Enforcement Efforts Based on Joint Employer Liability

On January 20, 2016, the United States Department of Labor (“DOL”) issued a new Administrative Interpretation (“AI”) that suggests they will use their enforcement efforts to pursue wage and hour claims against more entities through the joint employer doctrine.  The text of the AI can be found here.  While this does not represent a change in the actual law, the AI suggests that when the DOL brings enforcement actions for wage and hour issues that it will seek to cast as wide of a net as possible and bring in as many entities as possible under the joint employer doctrine.


Generally speaking, an employer may have two or more employers for purposes of wage and hour liability where the employee is suffered or permitted to perform work for multiple related entities.  Whether joint employer liability exists is important because, in such scenarios, the employee’s hours of work for both employers are aggregated together for purposes of determining overtime pay and there is joint and several liability for all employers for any violations.  The AI provides additional detail regarding such issues along with examples proffered by the DOL where they contend joint employer liability would exist.

If you have questions about this article, please contact its author, Aaron Graf, at

John Wirth Publishes Article on the Benefits of Using a Turnaround Consultant

John Wirth authored an article entitled “Turnaround Consultants: Helping Businesses Succeed Again” for the Fall 2015 edition of the Ozaukee County Business Connect.  The article examines the benefits of turnaround consultants, what makes such a consultant, and ultimately the business, successful and provides tips on selecting a good turnaround consultant.  A copy of John’s article can be found here.

Ron Stadler Continues to Speak on Special Education Law and Litigation


In December, Ron Stadler contributed to a full day seminar on special education law entitled “Student Bullying: Proving or Disproving School Negligence.”  Ron gave presentations on the legal framework for negligence claims relating to bullying and ethical implications for school attorneys.  He also presented at a two day seminar on “Advanced Civil Litigation Strategies” speaking on the issues of Effective Use of Motions in Limine and “Addressing Weaknesses In Your Case In Closing Statements.”

Ron was recently invited to present at a seminar in Albuquerque, New Mexico in May entitled “Special Education Law: The Ultimate Guide”.  He will be speaking on “Essential Special Education Legal Updates You Need to Know” and “504 Plan Eligibility and Accommodation Best Practices.”   Ron regularly represents school districts on school law and special education issues.  As reflected by his speaking schedule, Ron continues to be recognized nationally as an expert on special education law.


Jacqueline Hrovat to Present at NBI Real Estate Financing Seminar

Jacqueline Hrovat will present at the National Business Institute seminar entitled “Commercial Real Estate Financing” on Friday, December 11, 2015 at the Radisson Milwaukee North Shore, 7065 North Port Washington Road, Milwaukee, Wisconsin 53217.  To register or for more information regarding the seminar, please visit the website for the National Business Institute at

Andrew P. Smith joins Mallery & Zimmerman; Firm Opens Rhinelander Office

Mallery & Zimmerman, S.C. is pleased to announce that Andrew P. Smith has joined the firm as a shareholder. Andy’s practice primarily focuses on municipal defense litigation in all state, federal and administrative courts in Wisconsin.  He also represents school districts, counties, cities and towns, and provides estate planning services to individuals and families.  In connection with the addition of Andy, Mallery & Zimmerman has opened an office in Rhinelander, Wisconsin.  Below is the contact information for Andy and the new office:

8-A West Davenport Street
Suite 200
P.O. Box 841
Rhinelander, Wisconsin 54501
Phone: 715-420-0717
Fax: 715-420-0718


Aaron Graf Publishes Article in Spring Civil Trial Journal

Aaron J. Graf published an article in the Spring 2015 edition of the Wisconsin Civil Trial Journal entitled “Raising the Bar for Plaintiffs’ Complaints: The Wisconsin Supreme Court Adopts Twombly Heightened Pleading Standards in Data Key Partners.”  The article examines a recent decision which requires plaintiffs to state the basis of their claims with greater specificity and can be accessed here.